Can an Unemployed US Citizen File For a Spousal Visa?
Filing for a Marriage-Based Green Card
If you are a U.S. citizen and your spouse is not, you can apply for a marriage-based green card in order to sponsor them for permanent residency. Sponsoring a spouse for residency requires proof of citizenship and marriage on the part of the sponsoring party. Another requirement for sponsoring a spouse for residency is financial responsibility. If you are unemployed or suffering financial hardship, there are guidelines you need to follow as a part of the process. Contacting an immigration attorney can help you make sure you fulfill all of the requirements for your application.
Affidavit of Support
An Affidavit of Support, also known as U.S. immigration form I-864, is a contract you sign to accept financial responsibility for a family member, or beneficiary, who is applying for a green card. The Affidavit of Support is an agreement between the U.S. Government and the financial sponsor stating that the sponsor is responsible for repaying certain public benefits after the green card is issued. In general, the document is valid until one of the following occurs:
One of the spouses dies
The beneficiary becomes a U.S. citizen
The beneficiary has worked 40 quarters in the United States
The beneficiary permanently moves out of the U.S.
Qualifying to Be a Financial Sponsor
In order to help your spouse obtain a green card, you need to qualify to be a financial sponsor. To do this, in general, you must meet the following requirements:
You must be a U.S. citizen or permanent resident, be 18 years of age, and reside in the U.S.
Your annual income must be 125% of the Federal Poverty Guideline level
If your income is below that level, you may be able to use your assets or those of the beneficiary, such as cash, stocks, bonds, and property, to meet the financial requirements
If you do not meet the minimum requirements alone, other adult members of your household can contribute their income and/or assets as long as they are willing to help support the family member seeking the green card.
A CoSponsor
If a situation arises where the spouse alone does not meet the income requirements to sponsor a beneficiary for a green card, they can consider getting a cosponsor. The obligations of a cosponsor are the same as the primary financial sponsor. They can be held responsible for reimbursing the government for use of public benefits as well.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How Long Does It Take to Process a Fiancé Visa?
What is a Fiancé Visa?
A fiancé visa is a visa that allows a non-citizen to enter the United States legally for the purpose of marrying a U.S. citizen. Once the visa is granted, the couple has a 90-day period in which to get married in the United States, after which time they can apply for permanent residency for the non-citizen spouse.
Marriage Location
If you and your fiancé wish to get married in the United States, a K-1 visa may be a good choice for you. Many couples even choose to have a religious ceremony or celebration of marriage overseas before relocating to the United States. This may be acceptable ONLY IF it constitutes an unofficial ceremony and is not considered a legal marriage in the place where it is performed.
Steps to Acquiring a K-1 Fiancé Visa
In order to acquire a K-1 Fiancé Visa, the sponsoring citizen must first submit a form I-129F or Petition for Alien Fiancé. This is done with the local U.S. Citizenship and Immigration Services office. Currently, the processing time is approximately a year for this type of petition. The next step is for an interview to be scheduled at the U.S. embassy or consulate in the foreign national’s home country or country of legal residence. That step can take six months or even much longer due to interview backlogs.
Expediting the K-1 Visa
Some visas are eligible for premium processing, where an applicant can pay a premium for faster visa processing. Unfortunately, the K-1 visa is not eligible for premium processing. The best way to ensure fast processing is to obtain representation from an immigration attorney, who will use their expert knowledge of the law and process to help avoid unnecessary delays.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Fiancé Visa or Marriage Visa: Which is Faster?
Why Is a Visa Needed?
If you are a foreign national and getting married to a U.S. citizen, citizenship is not automatically granted once the marriage takes place. This situation means eligibility for a green card through a fiancé visa or marriage-based green card. Which is a faster way to obtain legal entry into the U.S.?
Fiancé Visa
A U.S. citizen engaged to marry a foreign national who wishes to immigrate to the United States can petition to bring their fiancé into the country with a K-1 visa. This visa allows the fiancé to enter the United States and be married within a 90-day window, and then apply for adjustment of status in order to obtain a green card. Currently, the fiancé visa is taking on average approximately one year to be issued and involves an interview at a U.S. embassy or consulate abroad, which can take another six months or even longer be scheduled. After the interview the fiancé visa will be issued, allowing the spouse to enter the U.S.
Spousal Visa
If you are a U.S. citizen married to a foreign national, you can bring your spouse into the U.S. through the spousal visa process. This is currently taking on average 18 to 30 months to complete, depending on the foreign national’s country of residency.
Comparing the Two
A fiancé visa might be your best choice if:
You want to get married in the United States
You are not able to get married abroad
Your fiance does not desire immediate permission to work in the U.S. or to travel abroad once they enter the U.S.
A spousal visa might be your best choice if:
You want your spouse to be a permanent resident when they arrive in the U.S., in order to have permission to work within the U.S. and to travel abroad
Ultimately, the visa you choose to apply for depends on your priorities and your personal situation. Planning ahead is important to avoid delays and extra fees.
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
How to Begin a Green Card Filing By Marriage
Eligibility for a Green Card
If you are a non-citizen who marries a U.S. citizen, you become an immediate relative of your spouse. This means that you may be eligible for a green card , and eventually, U.S. citizenship. If you are living in the United States at the time of your marriage, you may be able to complete the green card application process through adjustment of status here in the U.S.
The Adjustment of Status Application Process
The following forms are all part of the spousal adjustment of the status application process:
Form I-130 – Petition for Alien Relative
Form I-130A – Supplemental Information for Spouse Beneficiary (the beneficiary is the person getting the green card)
Form I-485 – Application for Adjustment of Status
Form I-864 – Affidavit of Support (to accept financial responsibility for the green card applicant)
Form I-765 – Application for Employment Authorization(optional)
Form I-131 – Application for Travel Document (optional)
G-1145 – Application e-Notification/Acceptance of Petition (optional)
If you have an immigration lawyer, they can complete these forms based on your specific circumstances, using their expert knowledge of the law and procedures involved in the application process.
What Documents Do I Need?
If you are applying for a green card through adjustment of status, in general at a minimum you will need the following documentation:
Passport-quality photos of both spouses
Proof of U.S. citizenship for the sponsoring spouse
Proof of the beneficiary’s lawful admission into the U.S.
Marriage certificate and documentation of any prior marriages as well, which meet required guidelines
Evidence of a joint life together
Proof of the U.S. citizen’s ability to provide financial support
Medical examination results for the beneficiary applicant
Documentation of the beneficiary’s birth, which meets the required guidelines
The Interview Process
It can take many months or even years after the application for a green card and adjustment of status is submitted for an interview to be scheduled. In some cases, the interview requirement is waived. If an interview is scheduled, it will involve questions about the marriage, relationship, and the applicant’s immigration status. Some common questions include:
Questions about the relationship history: How you met, where you went on your first date, and the names of your spouse’s parents
Questions about the wedding: Where the wedding took place, who attended the wedding, and where you went on your honeymoon
Immigration questions: Have you ever been denied a visa to enter the United States, have you ever violated your immigration status, have you ever been arrested or convicted of a crime, etc..
Contact Hurtubise Weber Law
For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
Can I Apply for a Green Card After I Marry a Permanent Resident?
What Is a Permanent Resident?
A permanent resident is a non-citizen of the United States who is legally authorized to permanently live and work in the U.S. While a permanent resident is not a citizen, they do benefit from certain privileges under immigration law. These include:
To live permanently in the United States provided no actions are committed that would be considered grounds for deportation
To be legally employed
To be protected by all state, local, and federal laws of the United States
A permanent resident holds a green card, and can sponsor a spouse who is a non-citizen to also become a permanent resident.
How to Apply for a Green Card for My Spouse
If you are a permanent resident of the United States and are married to a foreign national who would like to apply for a green card, the process and its timeline depend on the foreign national’s specific circumstances, and whether you and the foreign national are residing in the United States (and specifically where you are residing) or living abroad.
Two applications are necessary: the Petition for Alien Relative and the application for an immigrant visa or adjustment of status (the “green card” application). If you are both residing in the U.S., then the foreign national may be able to request the green card while remaining in the U.S., which is called adjustment of status. Sometimes the Petition for Alien Relative and the application for adjustment of status may be filed concurrently. If the foreign national is residing abroad, then the Petition for Alien Relative must be filed and approved first, before the green card application may be submitted. In this situation the green card application is called an application for an immigrant visa.
Who Can Use the Adjustment of Status Procedure?
In order to be eligible for adjustment of status as the spouse of a permanent resident, in general you must meet certain criteria. These may include:
You must be “admissible” - not ineligible for a U.S. green card
You must physically reside in the United States in lawful immigration status
You must have legally entered the United States with permission and maintained your lawful status throughout your time in the U.S.
If you do not meet the criteria, some waivers and exceptions may be available. Contact an immigration law firm such as Hurtubise Weber Law in San Francisco or San Jose, CA to check your eligibility and guide you through the process. For more information or to schedule a consultation, get in touch with the team at Hurtubise Weber Law.
